Tuesday, June 28, 2016

Colorado Repeals Law Requiring "Affirmation Form" After Each Completed Form I-9

Effective August 10, 2016  

"Colorado-Affirmation-Form Requirements are Eliminated for Employers in the State of Colorado"

Since January 1, 2007, the Colorado employment verification law (§ 8-2-122, C.R.S.) has required Colorado employers to verify and document the work authorization of all newly hired employees by completing the Colorado Affirmation Form.

2016 Changes to the Law:

House Bill 16-1114 eliminates the Colorado Affirmation Form requirements, beginning August 10, 2016. The legislature also eliminated the rather hefty penalty provision, while noting however that the CDL can still initiate random audits to inspect the Forms I-9.

Next Steps for Colorado Employers:

Based on the upcoming changes to the Colorado law, employers should carefully review their current policies and practices and create a transition plan for phasing out the “Colorado Affirmation Form” requirements.

Important Considerations:

The new law goes into effect on August 10, 2016.
Until that date arrives, continue to complete the Colorado Attestation Form and retain document copies for all newly hired Colorado employees according to the program rules. 

HR and hiring managers should be instructed well in advance that you will no longer be required to complete the separate Colorado Affirmation Form for newly hired Colorado employees beginning on August 10, 2016. 

On August 10, 2016, the Colorado Attestation Form “pop-up alert” and reference link on the electronic Form I-9 will be permanently removed.

You will need to decide whether to continue retaining copies of all I-9 source documents for your Colorado locations.
Retention of source documents is optional under the federal I-9 rules.

The new law does not specifically address what to do with all of those previously completed Colorado Affirmation Forms and document copies. Employers may wish to adopt a conservative approach and retain them for the duration of the individual’s employment, just in case of a CDL audit.
Once the employee is terminated, the employer may securely dispose of the Colorado Affirmation Form and any source documents that were retained separately pursuant to the requirement. As always, employers must continue to retain the Form I-9 records for the later of 3 years after the employee was hired or one year after termination.

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